Should Child Marriages be made void ab-initio in India?
Keywords:
Hindu Law, child marriage, human rights, malnutrition, sexual relations, contradictions, society, minor, social havoc, illegalAbstract
India, today in this progressive out-front still struggles with some of its medieval practices. These practices hinder the growth of the society. One such practice is Child Marriage. For a valid marriage under the Hindu law the bridegroom must attain twenty-one years of age and the wife must attain eighteen years of age. According to the current law under Prohibition of Child Marriage Act, 2006, a child marriage where either or both the parties have not attained majority is recognized yet stands voidable at the option of the parties who were minor at the time of marriage after they attain majority.[1] This law thus creates a series of loopholes and contradictions with the penal as well as constitutional provisions which shall be discussed in this research paper. In addition to it the violations of human rights with grave unwarranted consequences like premature sexual relations, malnutrition, infant and maternal mortalities and deprivation of educational and employment opportunities of women which are caused by Child Marriages shall be analyzed. Hence, keeping these points in mind, this paper aims to find out, whether or not Child Marriages should be made void ab initio in India. Since such decision could have serious ramifications in a country where Child marriage has been performed for centuries and has been embedded in the tradition of some of the communities, which could result in majority of marriages being annulled in the remote parts of the country, creating a social havoc. This paper also aims to ascertain, in addition in making the practice void ab initio should the practice be made illegal and have penal punishments.
[1] Section 3 of The Prohibition of Child Marriage Act, 2006.
References
1. Lal, B Suresh. “Child Marriages in India: Factors and Problems”. International Issue-4. pp. 2993-2998, 2015
2. Ashok Kumar & Harish, Women power – Status of Women in India, 8 (Gyan Publishing House, New Delhi, 1991).
3. N.J. Usha Rao, Women in a Developing Society, 27 (Aghish Publishing House, New Delhi, 1985).
4. Ashok Kumar & Harish, Women power – Status of Women in India, 8 (Gyan Publishing House, New Delhi, 1991).
5. Section 2(a) of The Prohibition of Child Marriage Act, 2006
6. Supra note 1
7. Id. paras. 3,12.
8. Section 5(iii) of the Hindu Marriage Act,1955
9. Id Section 12
10. Id Section 5(ii)a
11. Id Section 13(2)(iv)
12. Jaya Sagade, Child Marriage In India: Socio-Legal And Human Rights Dimensions, PAGE 79. 2005
13. Dissolution of Muslim Marriages Act No. 8 of 1939, art. 2(vii) (India).
14. Supra note 14
15. Section 60(1), Indian Christian Marriage Act, 1872
16. Id Section 19
17. Ibid Section 70
18. Section 5 of The Indian Divorce (Amendment Bill), Act no. 51 of 2011.
19. Yunusbhai Usmanbhai Shaikh v. State of Gujarat, 2015 SCC Online Guj 6211
20. Section 9 of The Prohibition of Child Marriage Act,2006
21. 2013 Cri LJ3458
22. Mrs. Tahra Begum v. State of Delhi and Ors, MANU/DE/2154/2012
23. Independent Thought v. Union of India, (2017) 10 SCC 800.
24. Baillie, Digest of Muhammedan law, London, Pt 1 (1865), Pt II (1869), p. 50.
25. Article 39(f), Constitution of India, 1950 Cite this Article Swapnil Nayan. Should Child Marriages be Made Void ab -initio in India? Journal of Family & Adoption Law. 2020; 3(1): 23–29p.
